PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Land Registry questions

12467519

Comments

  • Land_Registry
    Land_Registry Posts: 5,754
    First Anniversary Name Dropper First Post
    Organisation Representative
    JP if all ok the land is given its own title and registered in the name of your neighbour. You don't need a second application so just the one AP1 plus the TP1 and ID1s for both of you
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • begbeer
    begbeer Posts: 207
    First Post First Anniversary Combo Breaker
    Forumite
    In 2006 we purchased a house as tenants in common, my husband died in 2013 should I inform the land registry and get it transferred into my name only. it is mortgage free, it is not my main residence
  • Land_Registry
    Land_Registry Posts: 5,754
    First Anniversary Name Dropper First Post
    Organisation Representative
    edited 9 August 2017 at 5:33AM
    begbeer if it was in joint names then you can complete form DJP and send it to us along with an official copy of the death certificate. It's not compulsory to inform us but we recommend that you do.

    If you were registered as tenants in common and a form A restriction added to the title then this may be something you may also want to consider/update as appropriate, especially if you are now both the sole legal and beneficial owner.

    Our Practice Guide 6 explains both of the above in more detail for you.

    If there is a form A restriction registered, and you can check the register online, and it is no longer required, I would recommend applying to remove it now.

    There is again no compulsion to do so now but it may delay matters in the future for example if you wished to sell or remortgage the property.
    PG 6 is really the extent of the guidance we can provide re the form A restriction and it's removal. It can be a complex area of joint ownership to understand so you may also wish to get legal advice as to how best to proceed.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Minx1986
    Minx1986 Posts: 88
    First Anniversary Name Dropper First Post Combo Breaker
    Forumite
    I brought my SO property 5 years ago, and I used the solicitors recommended by the Housing Association.

    Now that I am trying to move on, and re-sell the property it has come to light that the acting solicitors filed the Lease with Land Registry with 2 pages missing from the middle.

    Who would have filed this incorrect version with Land Registry, and whose responsibility should it be to get this amended/corrected. I am being advised that I may have to bear the £1,500 cost to do this. Do I have any rights to get the solicitor who filed this to rectify this? Buying SO has been the worst experience of my life, and now I am trying to sell, seems to be becoming the most costly too!
    26/05/2018 = I DID IT! I am DEBT FREE!
    Debts repaid since 06/02/2015 = £23,079
    Mortgage...forever!!!! - But who cares, when all I've ever wanted is my own place!:j
  • jamesd
    jamesd Posts: 26,103
    Name Dropper First Post First Anniversary
    Forumite
    A mortgage lender asked the beneficiary of a High Court emergency freezing order for consent for them to release their charge on a mortgaged home. The beneficiary declined. Assuming that the order remains in place is there any practical way for a valid sale of the property or part of its value to happen?

    At the time no notice of the order had apparently been placed at the Land Registry. I gather that steps to place one of the types of notice have now been taken and one is probably now present. Can you tell me which type(s) would be appropriate and what other steps can be taken to further reduce the possibility of a sale of any portion of the property?

    The freezing order was imposed to prevent the owner of the property from disposing of assets that may later be taken and sold to repay debts. I'm one of the ultimate creditors in peer to peer loans who may end up relying on that process to be repaid.
  • getmore4less
    getmore4less Posts: 46,882
    Name Dropper First Anniversary First Post I've helped Parliament
    Forumite
    edited 13 August 2017 at 6:28AM
    Serious issue with this type of thread is it does not fit in the...

    One thread per problem model

    That is the proven method for these types of enquiries..

    only 38 posts in and it is difficult to follow.

    Rather than point people to a thread just point them at the board.

    if it must go this way then threading support within threads is needed.

    the other approach is a sub board for the land reg/companies but that just fragments so you end up with stuff in multiple places any.

    Maybe a review of the CAB board trial and why that failed is in order to avoid repeating the same mistakes.


    edit: as post 14 highlights, the other issue will be that many problems although have a LR element the main issues are out of scope for the LRrep and will need referring to somewhere more appropriate.
  • It would seem, to me, that the best way to deal with this is to have a sticky at the top of the sub-forum stating that there is a Land Registry rep answering questions on the sub-forum. Followed by requesting that anyone wishing to ask a question of LR put up their own thread specifically for that and headed "FAO Land Registry rep - subject of their query".

    I think this catch-all thread is confusing on the one hand. People may well not know there is the facility to ask LR rep on the other hand. The proposed sticky would solve both problems imo.
  • Land_Registry
    Land_Registry Posts: 5,754
    First Anniversary Name Dropper First Post
    Organisation Representative
    Minx1986 wrote: »
    Who would have filed this incorrect version with Land Registry, and whose responsibility should it be to get this amended/corrected. I am being advised that I may have to bear the £1,500 cost to do this. Do I have any rights to get the solicitor who filed this to rectify this? Buying SO has been the worst experience of my life, and now I am trying to sell, seems to be becoming the most costly too!

    Who erred and when may be apparent from the history of the original application. If we have pages missing then we will have issued a letter explaining next steps re correcting it and/or claims re any loss if it was our error.

    If lodged in last few years then odds are it was a copy lodged electronically so hopefully there's a complete original somewhere?

    Both points are something your conveyancer should be able to unravel and work through for you
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land_Registry
    Land_Registry Posts: 5,754
    First Anniversary Name Dropper First Post
    Organisation Representative
    jamesd wrote: »
    A mortgage lender asked the beneficiary of a High Court emergency freezing order for consent for them to release their charge on a mortgaged home. The beneficiary declined. Assuming that the order remains in place is there any practical way for a valid sale of the property or part of its value to happen?

    At the time no notice of the order had apparently been placed at the Land Registry. I gather that steps to place one of the types of notice have now been taken and one is probably now present. Can you tell me which type(s) would be appropriate and what other steps can be taken to further reduce the possibility of a sale of any portion of the property?

    The freezing order was imposed to prevent the owner of the property from disposing of assets that may later be taken and sold to repay debts. I'm one of the ultimate creditors in peer to peer loans who may end up relying on that process to be repaid.

    The key from our perspective is if the order has been protected and how. Have you checked?
    Our PG 19 explains how such interests can often be protected. Section 6.9 explains a possible scenario re freezing orders for example

    If protected as a restriction then understanding its wording will help understand how a buyer will look at it and therefore how it will affect a possible sale/purchase

    The wider questions are ones for others to comment on although it is really legal advice you need. PG 19 is really the only guidance we can offer as we register such interests and as such are not involved in the court process or their enforcement for example
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • jamesd
    jamesd Posts: 26,103
    Name Dropper First Post First Anniversary
    Forumite
    it does not fit in the...
    One thread per problem model ...
    the other approach is a sub board for the land reg/companies but that just fragments so you end up with stuff in multiple places any....

    edit: as post 14 highlights, the other issue will be that many problems although have a LR element the main issues are out of scope for the LRrep and will need referring to somewhere more appropriate.
    A problem with one thread per question is that it just fragments the Land Registry content among lots of other threads so it's hard to scan it quickly if curious about what sort of questions come up and what the answers are. A single thread is also the ideal way to address the objective explained by Andrea.

    I'm sure that Land Registry reps know their areas of competence and will resist straying excessively beyond them, as has been demonstrated in the response to the question which I just asked.
Meet your Ambassadors

Categories

  • All Categories
  • 342.4K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards